Does It Make Sense to File a Mesothelioma Claim?
For most individuals diagnosed with mesothelioma, filing a claim is worth it. The average mesothelioma settlement is substantial, there is typically no out-of-pocket cost because attorneys work on contingency and the large majority of cases settle without a trial.
For the vast majority of people with mesothelioma and their families, the potential compensation greatly outweighs the time and effort involved. We’ve heard from clients we’ve worked with that they were surprised how much mesothelioma compensation could be available and how much Meirowitz & Wasserberg, LLP managed the details of their case, making the process much easier than anticipated.
Why Clients Say Filing Is Worth It
| Concerns Clients Share Before Filing | What Clients Tell Us After Filing |
|---|---|
| “It will cost me money.” | Clients tell us they were relieved there was no upfront cost, and that the compensation recovered was more than they expected. |
| “I’ll have to go to court.” | Most clients never had to appear in court and tell us they were surprised how much Meirowitz & Wasserberg handled on their behalf. |
| “It will take years I don’t have.” | Many clients say their case resolved faster than they anticipated, and that expedited scheduling is possible for people who are seriously ill. |
| “I was barely exposed, or it was decades ago.” | Clients are often surprised to learn that cases involving short-term exposure or exposure from decades ago can yield significant compensation. |
| “The company that exposed me went bankrupt.” | Clients are often relieved to learn that more than 60 asbestos trust funds holding an estimated $30 billion were established when these companies declared bankruptcy. |
What You Could Recover From a Mesothelioma Claim
Mesothelioma compensation typically comes from one or more of four sources: asbestos trust funds, lawsuit settlements, trial verdicts and VA benefits for veterans. Figures vary widely by case and no law firm can promise a specific amount, though averages can help you understand what you may expect.
Asbestos Trust Funds
Asbestos bankruptcy trust funds contain roughly $30 billion remaining to compensate people with asbestos-related diseases. Companies responsible for asbestos exposure often create these funds during bankruptcy proceedings after facing mounting lawsuits. Trust funds exist to provide compensation for present and future claims. Trust fund claims also tend to be paid faster than lawsuits.
Lawsuit Settlements
The majority of mesothelioma lawsuits end in a settlement rather than a trial verdict. Mesothelioma settlements are negotiated between the legal team for the responsible companies or their insurers and the plaintiff’s lawyers. The national average for settlements is between $1 million and $1.4 million. The amounts defendants offer vary based on factors like exposure history, number of liable companies, lost income and medical costs.
Trial Verdicts
Fewer cases go to trial than settle. While verdicts average higher than settlements, however, trials take and outcomes are more uncertain. Average trial verdicts are about $2.4 million. A good firm pursues the path that best fits the client’s state of health and goals.
Benefits for Veterans
Veterans with mesothelioma who were exposed during military service can file for VA disability compensation. Filing for VA benefits doesn’t prevent veterans from also filing a lawsuit or trust fund claim. Lawsuits aren’t filed against the military. They’re filed against the companies that supplied the asbestos products. Individuals who were exposed to asbestos while serving don’t need to choose between compensation options.
The Full Impact of Filing
A mesothelioma diagnosis can mean substantial medical costs, but the full financial impact extends well beyond the cost of therapies themselves. Travel to specialized treatment centers, in-home care support and long-term loss of income can add up significantly over the course of treatment and beyond.
What Clients Share About Filing Benefits
- Focus on what matters: A successful claim lets you concentrate on treatment and time with family, without the added weight of financial uncertainty.
- Financial peace of mind: Compensation can cover costs beyond medical treatment, including travel to specialists and in-home care.
- Future earnings: A successful claim can help protect your family’s long-term financial security, including income you would have provided for years to come.
- Accountability: Filing a claim holds the companies that knowingly put you at risk responsible for the harm they caused.
For many clients, filing a mesothelioma claim is about more than financial recovery. It’s empowering, a way to provide for the people you love and to hold accountable the companies responsible for your exposure.
How Much Does Filing a Mesothelioma Claim Cost?
It’s fair to consider what filing a mesothelioma claim will cost. This is true not only in terms of money, but also in time and emotional energy.
Costs Associated With Filing
- Court: Usually not required as most cases settle. For the few that go to trial, the attorneys prepare and represent you. Seriously ill clients can also request expedited trial dates.
- Emotional energy: Reviewing your exposure history can be hard, though a good firm minimizes what is asked of you and takes testimony early to preserve it.
- Money: Filing a mesothelioma claim typically costs nothing upfront because attorneys work on contingency fee and are only paid if you win.
- Time: Many clients only spend a few hours total. The firm gathers records, identifies responsible companies, and handles the filings. Trust fund and settlement claims tend to resolve in months.
With a “no win, no fee” structure, clients often tell us they’re surprised there are no up front costs when filing. You never pay a mesothelioma attorney out of your own pocket. The fee only comes from a recovery, making the financial risk of finding an initial consultation and building a case essentially zero.
How Long Does It Take to File a Mesothelioma Claim and What Is Involved?
Timelines vary for how long it takes to get a mesothelioma settlement. Trust fund claims are usually the fastest while the mesothelioma lawsuit process and litigation takes longer. Trial verdicts take the longest. Many clients see a recovery within several months to a couple of years.
Meirowitz & Wasserberg manages cases on behalf of our clients, seeking expedited dates for people who are seriously ill. Our experienced mesothelioma attorneys handle all aspects of your case from the start. We gather evidence and coordinate expert witnesses and legal procedures, so clients can prioritize their health and family.
What to Expect
| Step | What Happens | Your Involvement |
|---|---|---|
| Free Case Review | Our firm evaluates your diagnosis and exposure history. | One conversation. |
| Investigation & Filing | Our firm identifies responsible companies and files claims/trust fund applications. | Minimal, only providing records and an exposure history. |
| Resolution | Most cases settle. Trust-fund claims may pay first; few go to trial. | Usually none beyond staying informed. |
How to Know If You Should File a Mesothelioma Claim
Anyone with a confirmed mesothelioma diagnosis should strongly consider filing a claim. Compensation may be available through lawsuits, asbestos trust funds and VA benefits, and in many cases pursuing more than one is possible and recommended. Families who have lost a loved one to mesothelioma may also be eligible to file a wrongful death lawsuit.
Who Should Consider Filing
- You or a loved one has been diagnosed with mesothelioma or asbestos-related lung cancer or asbestosis.
- There was asbestos exposure at any point from work, military service, or even secondhand through a family member.
- The diagnosis is recent, or a loved one passed away within the last few years.
- You want compensation to cover treatment costs or protect your family at no upfront cost to you.
Mesothelioma claims cover a wider range of circumstances than many people expect, including cases involving brief or secondhand exposure, military service and diagnoses from decades ago. A free case review is the best way to find out where you stand.
How Meirowitz & Wasserberg Can Help You File a Mesothelioma Claim
Meirowitz & Wasserberg streamlines the legal process for people with mesothelioma, managing complex claims to secure compensation on a contingency fee basis. Our firm provides comprehensive legal support, conducting investigations into exposure sources.
What We Handle for Our Clients
- No upfront costs: We run on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
- Thorough investigation: Our legal team investigates exposure sources, identifies responsible companies, and determines the best combination of claims including lawsuits, trust funds, or VA benefits.
- Maximizing total recovery: Our attorneys pursue every available financial source, not just one, to recover maximum payout.
- Handling the burden: We manage all filings, negotiations, and court appearances, allowing our clients to focus on their health and family.
Filing a mesothelioma claim is a significant decision, and our team is here to help you understand whether it’s the right one for your situation. There’s no obligation and no upfront cost to find out where you stand. A free case review is the best place to start.
Frequently Asked Questions
Can I file if I don't remember exactly where I was exposed?
Yes, and that’s entirely normal. It’s our firm’s job to investigate your employment records and the products you encountered at those worksites. Our team has extensive experience in collecting the evidence needed to document your exposure.
Can I file if I'm a veteran?
Yes, veterans can pursue VA benefits and a lawsuit or trust fund claim. They don’t cancel each other out.
What's the deadline to file a mesothelioma claim?
The deadline to file a mesothelioma claim depends on your state and the type of claim. Most states allow anywhere from one to six years from the date of diagnosis to file a personal injury claim, and between one and three years from the date of death for a wrongful death claim. Missing the deadline can permanently bar an otherwise qualified case, which is why it’s so important to get a free review now rather than waiting.
Can my family file a claim after I pass away?
Yes, a surviving spouse, child, or estate representative can usually file a wrongful death or estate claim. The deadline’s measured from the date of death instead of the date of diagnosis.
How long does it take to resolve a mesothelioma claim?
Most mesothelioma claims resolve in several months to a couple of years depending on the type of claim. Asbestos trust fund claims often pay quickly, lawsuit settlements take longer and trial verdicts take the longest. Seriously ill clients can request expedited court dates.
Are mesothelioma settlements taxable?
Compensation for personal physical injuries or illnesses, which includes mesothelioma claims, isn’t taxed as income under federal law. Some parts of a settlement, like punitive damages or interest, may be taxable. The way a settlement’s structured matters, and confirming with a tax professional or your attorney will help you prepare.
About The Author
Daniel Wasserberg
Founding Partner
Daniel Wasserberg, a founding partner of Meirowitz & Wasserberg, is a Best Lawyers-recognized and Super Lawyers-rated mesothelioma attorney with over 20 years of experience. Named a Top 100 Trial Lawyer and Top 10 Asbestos-Mesothelioma Lawyer, he leads the firm's national asbestos practice.
